Is the "infidelity" provision in the "main body" of a personal injury policy a separate exclusionary clause?

MultiRegion, United States of America

The following excerpt is from Ruffalo's Truck. Serv. v. National Ben-Franklin Ins. Co., 243 F.2d 949 (2nd Cir. 1957):

In contrast, however, the "infidelity" provision is not found in paragraph 5 but rather in section (h) of paragraph 6. Paragraph 6, which is captioned "This Insurance Does Not Cover Liability For * * *," sets forth exclusions from coverage. Thus the language here in issue is not "found in the main body of the policy distinctly related to coverage," Carles v. Travelers' Ins. Co., supra, but is found in a separate and distinct exclusionary clause. It would appear that the trial court properly ruled, in accordance with the applicable New York law, that the defendant just as obviously had the burden of proving any contention advanced under this paragraph as the plaintiff had the burden of proving any assertion under paragraph 5.

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